BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.**1;if~** .**r~-** l.•.J .,,- ,-{ 

## -2 I) )



## -**~:54**

Motion of ALASKA AIRLINES, INC. For confidential treatment ofPart 241 Submissions under 14 C.F.R. § 302.12 ) ) ) ) ) ) ) Docket OST-96-1637

MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12

Please forward all communications concerningthis motion to:

Brandon Pedersen VP/Finance and CFO ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5763

Marchd {, 2015 Jeremy L. Ross Senior Attorney ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5453

Counsel for ALASKA AIRLINES, INC.

Page 1 of4 - MOTIONOFALASKAAIRLINES, INC FOR CONFIDENTIAL TREATMENTOF PART241 SUBMISSIONS UNDER RULE 12Motion of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

ALASKA AIRLINES, INC. ) ) ) )" ) ) ) Docket OST-96-1637 For confidential treatment ofPart 241 Submissions under 14 C.F.R. § 302.12

MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12

Pursuant to section 302.12 ofthe Department's Rules ofPractice, Alaska Airlines, Inc. ("Alaska") hereby moves to withhold from public disclosure for a period oftenyears certain commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine Acquisitions and Retirements") and Schedule B-43 ("Inventory ofAirframes and Aircraft Engines") ofits Part 241 filings for the quarter ending December 31, 2014. Unredacted versions ofSchedules B-7 and B-43 are filed simultaneously with this Motion marked "Confidential Treatment Requested Under§ 302.12." In support ofits Motion, Alaska offers the following points and authorities: 1. The data for which confidential treatment is sought is being disclosed to the Departmentpursuant to Part 241 ofthe Department's economic regulations. The majority of information contained in Alaska's Part 241 filings will enter the public domain, where it will be available for inspection and copying by members ofthe public, including foreign and domestic competitors ofAlaska and competitors ofAlaska's aircraft and engine suppliers. Page 2 of4- MOTIONOFALASKAAIRLINES, INC FOR CONFIDENTIAL TREATMENTOF PART.241 SUBMISSIONS UNDER RULE 122. Certainprice and cost data contained in Schedules B-7 and B-43 are highly sensitive and confidential. More specifically, (a) Schedule B-7 reflects the cost ofcommercial aircraft and engines Alaska purchased or leased from The Boeing Company. (b) Schedule B-43 discloses the acquisition cost, depreciation or amortization values and estimated residual values ofnumerous commercial aircraft and engines Alaska has purchased from The Boeing Company since the 1990s. 3. The**commercially-sensi~ve** information found in Schedules B-7 and B-43 should be withheld from public disclosure pursuant to Exemptions 3 and 4 ofthe Freedom of

. Information Act (5 U.S.C. § 552(b)(3) and (4)) (the "FOlA") and legal authority interpreting the FOIA. 4. UnderExemption 3, information in agency records should be withheld from the public ifit is specifically exempted from disclosure by a statute, provided that the statute "(A) requires thatthe matters be withheld from the public in such a manner as to leave no·discretion
on the issue, or (B) establishes particular criteria for withholding, orrefers to particulartypes of matters to be withheld." Specifically, the Department is requiredto withhold information from production underthe FOIA ifits release would have an "adverse effect on the competitive position ofany carrier in foreign air transportation." 49 U.S.C. §40115 (a)(2)(B): Public release ofthe aircraft and engine cost datato Alaska's competitors would have exactly this adverse effect. 5. Exemption 4 extends confidential treatment to records that are "commercial or financial information obtained from a person and privileged or confidential." 5 U.S.C. § 552(b)(4); see also Gulfand Western Industries, Inc. v. United States, 615 F.2d 527, 529 (D.C. Cir. 1979). These price and cost data contained in Schedules B-7 and B-43 are ofthis nature and, additionally, "would customarily not be released to the public by [Alaska]." SeeNational Parks and Conservation Association v. Morton, 498 F. 2d 765, 766 (D.C. Cir. 1974) (citing S. Rep. No. 813, 89th Cong., 1st Sess. 9 (1965)). Finally, ifreleased under the FOIA, price and cost data Page 3 of4 - MOTjONOFALASKA4IRLINES, INC FOR CONFIDENTIAL TREATMENT

## OF PART241 SUBMISSIONS UNDER RULE 12 

# ·-concerning Alaska's aircraft transactions havethe potential "to cause substantial harmto the competitive position ofthe person from whom the information was obtained." ld. at 770. WHEREFORE,**Alask~** respectfully requests the Department ofTransportationto withhold the portions ofthe attached document(s) for which confidential treatment has been**r~quested** from public disclosure for a period often (10) years.

March

# JY, 2015 Respectfully submitted,

Senior Attorney ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5453

Page

### 4 of

### 4- MOTION OFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENTOF PART241 SUBMISSIONS UNDER RULE 12